Post by account_disabled on Mar 6, 2024 20:24:48 GMT -7
When the company organizing a risky activity adequately informs the participants of the danger and complies with the required safety measures, it is not possible to be held liable for civil liability for the accident suffered by one of the participants. This is how the Provincial Court of Oviedo has ruled, acquitting an Asturian entity that organizes visits to a mine and that had been sentenced in the first instance to compensate more than 58,000 euros to a visitor who suffered a fall while the activity was taking place . The actor suffered a fall accident while visiting the interior of the Pozo Sotón mine in March 2020 , located in San Martín del Rey Aurelio and which is owned by the company organizing the activity.
During the visit, the actor slipped on one of the muddy posts and fell into the void , lying on one of the posts without reaching the ground. Due to these events, the man reported the company that owned the mine and with whom he had contracted the activity, alleging that the defendant breached its contractual obligations and therefore claiming compensation for civil liability. The Court of First Instance no. 4 of Oviedo issued a Fax Lists ruling partially upholding the claim, condemning the company to pay the plaintiff the sum of 58,580 euros . The trial court assessed that the activity carried out by the man is described as a relevant risk that the plaintiff assumed and became aware of when he was informed of it through the information brochures, the description of the activity and the material and equipment that he requires and that is supplied to them without it being known that it had any defect.
Likewise, this activity requires relevant physical preparation and is of significant duration. However, the judge also emphasized as relevant that the accident occurred in an area of darkness and full of suspended dust from which greater lighting would have been necessary given the dangerous nature of the environment, which has relevance in the cause of the accident. accident and is attributable to the defendant . Therefore, in the case of a risky sport and citing the jurisprudential evolution towards a theory of liability for risk, evaluating the evidence in the record and that practiced at the hearing, the judge estimated the claim, appreciating compensation for fault in a percentage of 50%, given the lack of lighting in the area where the accident occurred and that the plaintiff, having voluntarily accepted the activity, however did not comply with the instruction given to the participants regarding keeping their arms at waist level.
During the visit, the actor slipped on one of the muddy posts and fell into the void , lying on one of the posts without reaching the ground. Due to these events, the man reported the company that owned the mine and with whom he had contracted the activity, alleging that the defendant breached its contractual obligations and therefore claiming compensation for civil liability. The Court of First Instance no. 4 of Oviedo issued a Fax Lists ruling partially upholding the claim, condemning the company to pay the plaintiff the sum of 58,580 euros . The trial court assessed that the activity carried out by the man is described as a relevant risk that the plaintiff assumed and became aware of when he was informed of it through the information brochures, the description of the activity and the material and equipment that he requires and that is supplied to them without it being known that it had any defect.
Likewise, this activity requires relevant physical preparation and is of significant duration. However, the judge also emphasized as relevant that the accident occurred in an area of darkness and full of suspended dust from which greater lighting would have been necessary given the dangerous nature of the environment, which has relevance in the cause of the accident. accident and is attributable to the defendant . Therefore, in the case of a risky sport and citing the jurisprudential evolution towards a theory of liability for risk, evaluating the evidence in the record and that practiced at the hearing, the judge estimated the claim, appreciating compensation for fault in a percentage of 50%, given the lack of lighting in the area where the accident occurred and that the plaintiff, having voluntarily accepted the activity, however did not comply with the instruction given to the participants regarding keeping their arms at waist level.